Resolution 566-1989
Monroe County Commission
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RESOLUTION NO. 566- 1989
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ACCEPTING AND ADOPTING THE
FINDINGS OF FACT, CONCLUSION OF LAW AND RECOMMENDED
ORDER CONCERNING THE VESTED RIGHTS HEARING OF J. VITOLO
CONSTRUCTION AND SOUTHLAND INSURANCE COMPANY
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Whereas, on July 10, 1989 a public hearing was held in Key
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~t, Mon~e County, Florida, concerning the vested right claim of
J. Vitolo Construction and Southland Insurance Co.; and
Whereas, pursuant to section 9.5-183 of the Monroe County Code
of Ordinances, sworn testimony and evidence were taken from those
present at this public hearing; and
Whereas, in accordance with the requirements of section 9.5-182
(b)(3) of the Monroe County Code of Ordinances, Hearing Officer John E.
Bigler, Jr., has entered findings of fact, conclusions of law, and a
recommended order resolving this vested right claim by J. Vitolo Con-
st,ruction and Southland Insurance Co.; and
Whereas, the Board of Commissioners of Monroe County, Florida,
now desires to adopt said findings of fact, conclusions of law, and
recommended order concerning J. Vitolo Construction Company and South-
land Insurance Company; now, therefore,
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the board hereby adopts, pursuant to section 9.5-182
(b)(5) of the Monroe County Code of Ordinances the said findings of
fact, conclusions of law, and recommended order entered by Hearing
Officer John E. Bigler, Jr., resolving the vested right claim of
J. Vitolo Construction and Southland Insurance Co., a copy of which is
attached and made part of this resolution.
PASSED AND ADOPTED by the Board of Commissioners of Monroe County,
Florida, at a regular meeting of the board held on the 10th day of
October, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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( SEAL)
DANNY L. K.OLJ;1AGE, g~erk
Attest:- " ~
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BY
In the Matter of
STATE OF FLORIDA
Vested Rights Application of
COUNTY OF MONROE
J. VITOLO CONSTRUCTION CO. and
VESTED RIGHTS HEARING
SOUTHLAND INSURANCE CO.
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FINDINGS OF FACT AND FINAL ORDER
THIS MATTER came on for public hearing on July 10, 1989,
pursuant to the requirements of Sec. 9.S-182(b) (3) of the Monroe
County Code. The County appeared and was present for the scheduled
hearing, by and through its Assistant County Attorney, Mark Graham
Hanson. No appearance was made on behalf of the applicant~. The
County, through its attorney Mr. Hanson and through its Planning
Official, Howard Tupper, who was also present, testified that the
County had published and advertised a legal notice of the hearing,
as required by law, that the County had given the applicants
written and oral notice of the scheduled hearing and that the
applicants, through their attorney, Edward H. Gilbert, had orally
indicated to Mr. Tupper after the commencement of the hearing that
the applicants would not appear for the scheduled hearing and that
they wished to withdraw their application for a determination of
vested rights. After waiting in the hearing room for one hour, and
having no appearance made by, or communication from, the
applicants, this Hearing Officer concluded the hearing. The
hearing was open to the publiCi one member of the public was
present. By telefax letter dated July 10, 1989, received after the
hearing was concluded, counsel for applicant verified that the
application was withdrawn.
Having considered the effect of the applicants' failure to
appear at the scheduled public hearing and having reviewed the
record in this proceeding, this Hearing Officer rules that the
applicant is thus considered to have abandoned its application, and
this application is therefore dismissed.
The County has not adopted specific rules of procedure for the
conduct of hearings on vested rights
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apPliCa~tC rl\lED'
All R 2 1 1989
PLANNING DEPT.
Or LAND, ~~'VISION
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under
Fla. stat. Sec. 120.54(10), the appropriate model rules of
procedure promulgated by the Administration Commission of the state
of Florida shall govern and serve as the rules of procedure.for the
conduct of such hearings. The model rules of procedure issued by
the Administration Commission are set out in Chapter 28 of the
Florida Administrative Code. Rule 28-5.211(1), FAC, provides that
"[t]he failure or refusal of a party to comply with any lawful
order may be cause for dismissing the petition, or for entry of a
defaul t order." Al though no formal order was entered directing the
Petitioner to appear at the scheduled hearing, this Hearing Officer
is of the opinion that failiure to appear at the hearing does
constitute grounds for a default or dismissal. This is consistent
with the provision in Sec. 9.5-183 of the Monroe County Code, that
the applicants have the burden of proof.
For the foregoing reasons, it is hereby ORDERED and ADJUDGED
that the applicants, J. VITOLO CONSTRUCTION CO. and SOUTHLAND
INSURANCE CO., by failing to appear at the public hearing scheduled
upon their application for a determination of vested rights, have
abandoned their application and that their application is
dismissed.
DONE and ORDERED at Key West in Monroe County, Florida, this
17th day of August 1989.
J N E. BIGLER,
Haring Officer
copies to:
Mark Graham Hanson
Assistant County Attorney
310 Fleming Street
Key West, FL 33040
Howard Tupper
Planning Official
Public Service Bldg.
Stock Island, FL 33040
Lynn H. Kephart, President
Keycology, Inc.
414 Simonton Street
Key West, FL 33040
J. vitolo Construction Co.
2699 E. Oakland Park Blvd.
Fort Lauderdale, FL 33306
Edward H. Gilbert
Shapo, Freeman & Freedman, P.A.
Southeast Financial Center #4310
200 South Biscayne Blvd.
Miami, FL 33131
Richard M. Gonzalez, Pres.
Europa Properties, Inc.
6710 Main Street, suite 237
Miami Lakes, FL 33014
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